Janice Mitchell Mintz, Chairwoman Margaret E. L. Howard Judith L. Shaw Julius J. Mastro Edward W. Verner, M.D.
A regular meeting of the Merit System Board was held on Tuesday, January 12, 1999, in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System Board Members, Margaret E. L. Howard, Judith L. Shaw, Julius J. Mastro, and Edward W. Verner, M.D., Elizabeth Laufer, Deputy Attorney General; Henry Maurer, Director, Elizabeth A. Napolitano, Sybil Janowitch, and Charles Spano, Division of Merit System Practices and Labor Relations. In accordance with L.1975, c.231, Janice Mitchell Mintz, Chairwoman, Merit System Board, opened the meeting with the following statement: Notice of this Meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 1998 and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey. All other actions were by unanimous vote unless otherwise specified.
Confidential Appointments
The Merit System Board recorded the following Confidential Appointments under N.J.S.A. 11A:3-4(h):
TO: Merit System Board DATE: November 24, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of the Treasury
Joel P. Fishbein appointed as Confidential Secretary effective November 9, 1998, salary of $ 50,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and State Treasurer James A. DiEleuterio, Jr. is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
No other Confidential Secretary in the department. Replacing Delores Solan - vacated position October 31, 1998
TO: Merit System Board DATE: December 22, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of the Transportation
Diane Saylor appointed as Confidential Secretary effective August 15, 1998, salary of $ 41,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Commissioner John J. Haley, Jr. is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Secretary does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Laura Boce - vacated position March 6, 1998
TO: Merit System Board DATE: December 22, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of the Law & Public Safety
Bernadette Dudek appointed as Confidential Secretary effective November 23, 1998, salary of $ 56,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and the Attorney General Peter Verniero is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Secretary does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Georgine Coleman - vacated position May 8, 1998
TO: Merit System Board DATE: December 22, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of the Treasury Council on Local Mandate
Shawn Slaughter appointed as Confidential Secretary effective June 22, 1998, salary of $ 28,500.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and State Treasurer James A. DiEleuterio is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Secretary does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h).
New Position effective March 28, 1998
TO: Merit System Board DATE: December 22, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of Labor
Walter J. Kowal appointed as Confidential Assistant effective November 2, 1998, salary of $ 53,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Commissioner Melvin Gelade is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Assistant does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Deloris Ellien - vacated position July 1, 1998
TO: Merit System Board DATE: December 22, 1998
FROM: Arthur E. Brown Jr. Assistant Commissioner State & Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of Human Services
Bridget B. Capasso appointed as Confidential Assistant effective April 11, 1997, salary of $37,533.98 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3-4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Commissioner Michele K. Guhl is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h).
The appointment of this Confidential Assistant does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Carol Grant vacated position March 11, 1994
TO: Merit System Board DATE: December 22, 1998 FROM: Arthur E. Brown, Jr., Assistant Commissioner State and Local Operations
SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)
Department of Human Services
Zigmunt Czaplinski appointed as Confidential Assistant effective August 31, 1998, salary of $ 40,000.00 per annum. Position is in the Unclassified Service under N.J.S.A. 11A:3- 4(h).
Verification has been made of the number of positions allocated and the number of persons holding Confidential Appointments in this agency and Commissioner Michele Guhl is authorized to make the subject appointment.
Recommendation: Record appointment in the Unclassified Service under N.J.S.A. 11A:3-4(h)
The appointment of this Confidential Assistant does not exceed the entitlement authorized under N.J.S.A. 11A:3-4(h). Replacing Paula Benjamin - vacated position May 11, 1998
State
The Merit System Board approved the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.
TO: Janice Mintz, Commissioner
Henry Maurer, Director Merit System Practices
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Abolishment of Titles
DATE: December 23, 1998
The Department of Human Services has requested that two currently active Department of Personnel title series: Child Center Program Evaluator and Inspector, Child Care Centers be abolished. Both titles reside exclusively in the Bureau of Licensing in the Division of Youth and Family Services. This request is of a larger consolidation initiative requested by the Department. The Department has also requested a new title series, Child Care Quality Assurance Inspector be created. Employees in the new title series will conduct the work now completed by staff in the two titles to be abolished.
The Division of Youth and Family Services asserts that this action to consolidate the functions of Child Center Program Evaluators and Inspector, Child Care Centers into one title series will enhance and improve the Agency's inspections of Child Care facilities throughout the State. Additionally, the action will reduce the current number of titles from seven in both series to three in the new series, hence supporting the Department of Personnel's goal to reduce the number of titles in State Government.
Effective: January 16, 1999
I 15-62222 C NE 12
Senior Inspector Child Care Centers P 18-62223 C NE 12
Principal Inspector Child Care Centers R 21-62224 C NE 12
P 19-70492 C NE 12
R 22-70493 C NL 12
Supervisor Child Center Program Evaluator S 25-70494 C NL 12
Supervisor Inspector Child Care Centers S 24-62225 B NL 12
MS:AL:SP TO: Janice Mintz, Commissioner
Henry Maurer, Director Merit System Practices
FROM: Marjorie Schwartz, Director Division of Human Resource Management
SUBJECT: Creation of Titles
DATE: December 23, 1998
The Department of Human Services has requested that the title series Child Care Quality Assurance Inspector be created as a result of an effort to consolidate titles within their Bureau of Licensing in the Division of Youth and Family Services. This title series will reside only in the Bureau of Licensing in the Division of Youth and Family Services. The Department proposes this single new title series to replace the two title series, Child Center Program Evaluator and Inspector, Child Care Centers, currently performing Child Care Center inspection functions. A training plan has been drafted by DYFS and included in the package reviewed by the Department of Personnel which identifies needs and available resources for implementing staff training to ensure appropriate knowledge and skills are achieved among all impacted staff.
The Division of Youth and Family Services asserts that this action to consolidate the functions of Child Center Program Evaluators and Inspector, Child Care Centers into one title series will enhance and improve the Agency's inspections of Child Care facilities throughout the State. Increasing the frequency of inspections at Child Care Centers is a major Governor's initiative for this Division. Additionally, the action will reduce the current number of titles from seven in both series to three in the new series, hence addressing the Department of Personnel's goal to reduce the number of titles in State Government.
The request also includes approval for individuals currently in their working test period in the titles to be abolished to be permitted to complete the working test period in the new title series.
Effective: August 1, 1998 CHILD CARE QUALITY ASSURANCE INSPECTOR I P21-(TBD) C NE 12
R24-(TBD) C NE 12
S27-(TBD) C NL 12
MS:AL:SP SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Nancy Bauerband Monmouth County - Department of Human Services Suspension
In the Matter of Ellinor Jenkins Buttonwood Hospital - Burlington County Removal, Resignation Not In Good Standing and Suspension
In the Matter of Cynthia Johnson City of Plainfield Suspension
In the Matter of Juan Mejia Department of Transportation Removal
In the Matter of Lawrence J. Murphy Department of Environmental Protection Suspension
In the Matter of Curtis Moss Ancora Psychiatric Hospital Department of Human Services Removal
In the Matter of Gloria Otubanjo Bergen Pines County Hospital Department of Human Services Removal
In the Matter of Sandra Parker City of Asbury Park Public Library Resignation Not In Good Standing
In the Matter of Mack Patterson Trenton Psychiatric Hospital Department of Human Services Removal
In the Matter of James Peters Hamilton Township - Public Works Removal
In the Matter of Richard Triano Township of Belleville - Consolidated MSB Civil Rights Case Demotion
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT
ACTION: The Merit System Board acknowledged the settlements.
A-2 BARBARA KNIER - SETTLEMENT (APPELLANT OBJECTS TO TERMS)
Barbara Knier, Practical Nurse, Medical Homes, Monmouth County, removal effective April 18, 1997, on charges of unsatisfactory performance of duties and standards of job performance.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement.
A-3 DENNIS DANIELS
Dennis Daniels, Police Officer, Newark Police Department, suspension for 15 days, effective January 27, 1997, and ending February 14, 1997, on charges of violation of Department Rules and Regulations, Conduct in Private and Public and Acts of Omission.
Recommendation of the Administrative Law Judge - Reduce the suspension to a written reprimand.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 3 day suspension.
A-4 MARK DELMONACO, ANTHONY DIMINNO, RUSSELL INSERRA, CHRISTOPHER PERRELLI, JOHN PESENTI, COLUMBIA SANTARPIA, AND DONALD SCORZETTI
Appeal of Mark DelMonaco, Anthony DiMinno, Russell Inserra, Christopher Perrelli, John Pesenti, Columbia Santarpia, and Donald Scorzetti, Police Officers Borough of Lodi, Police Department layoff effective October 21, 1995, for reasons of economy.
Recommendation of the Administrative Law Judge - Uphold the layoff.
ACTION: The Merit System Board upheld the layoff.
A-5 CAROL DEMARIA
Carol DeMaria, Recreation Supervisor, Department of Public Resources, Hudson County, resignation not in good standing, effective April 15, 1996, on charges of being absent five consecutive work days without authorization.
Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.
A-6 SHEENA FOWLKES
Sheena Fowlkes, Food Service Worker (12 months), Woodbridge Developmental Center, Department of Human Services, release at the end of her working test period effective November 19, 1997.
Recommendation of the Administrative Law Judge - Uphold the release at the end of the Working Test Period.
ACTION: The Merit System Board upheld the release at the end of the Working Test Period.
A-7 GARY VAN NORMAN
Gary Van Norman, Senior Correction Officer, Garden State Reception and Youth Correctional Facility, Department of Corrections, suspension for 15 days, on charges of inappropriate physical contact or mistreatment of an inmate, patient, client, resident or employee.
Recommendation of the Administrative Law Judge - Reverse the suspension and award back pay and counsel fees.
ACTION: The Merit System Board directed that this matter be held over.
A-8 DAVID VASSIE
David Vassie, Firefighter, City of Margate, suspension for 60 days beginning February 16, 1997, on charges of loss of failure to have a valid drivers license.
Recommendation of the Administrative Law Judge - Modify the 60 day suspension to which the parties stipulated 56 days of the original 60 day suspension had been served to a 45 day suspension and reimbursement of 10 days back pay.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-9 CYNTHIA COTTON
Cynthia Cotton, Family Service Specialist 3, Division of Youth and Family Services, Department of Human Services, removal effective April 4, 1997, on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-10 ROBERT COULTER
Robert Coulter, Head Nurse, Ancora Psychiatric Hospital, Department of Human Services, removal effective June 2, 1997, on charges of inappropriate physical contact with a patient, intentional misuse of position and physical abuse of a patient.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board directed that this matter be held over.
A-11 VICTORIA GIBBONS
Victoria Gibbons, Human Services Assistant, Vineland Developmental Center, Department of Human Services, removal effective January 8, 1998, on charges of physical abuse of a client.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 6 month suspension.
A-12 GEORGE GIBBS
George Gibbs, Truck Driver, Highway Department - Burlington County, removal effective September 3, 1997, on charges of conduct unbecoming a public employee, discrimination, and
use of racially derogatory terms.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-13 ELIZABETH LOCKETT
Elizabeth Lockett, Practical Nurse, Trenton Psychiatric Hospital, Department of Human Services, removal effective April 7, 1997, on charges of a serious mistake due to carelessness which would result in danger and/or injury to persons and violation of a procedure (3rd infraction).
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-14 EVELYN MCCLURKIN
Evelyn McClurkin, Cottage Training Technician, Woodbine Developmental Center, Department of Human Services, removal effective August 5, 1997, on charges of physical or mental abuse of a patient, client, resident, or employee.
Recommendation of the Administrative Law Judge - Reverse the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-15 SAMUEL MENDEZ
Samuel Mendez, Police Officer, Police Department, City of Newark, removal effective February 15, 1996, on charges of intoxication or illegal use of drugs.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-16 REBECCA OLIVER
Rebecca Oliver, County Correction Officer, Department of Public Safety, Hudson County, removal effective February 22, 1996, on charges of conduct unbecoming a Public Employee, insubordination and neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss the Appeal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-17 JOSEPH POWELL
Joseph Powell, Psychiatric Charge Technician, Department of Human Services, Monmouth County, removal effective May 30, 1997, on charges of neglect of duty, theft of time, falsification of records and conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-18 ERNEST GRAHAM
Ernest Graham, Mason, Newark Housing Authority, released at the end of working test period effective July 1, 1996, due to unsatisfactory services. The Merit System Board at its meeting of November 24, 1998, directed that this matter be held over due to the receipt of late exceptions.
Recommendation of the Administrative Law Judge - Uphold the release.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-19 CAMILLA JOHNSON - SETTLEMENT
Camilla Johnson, Motor Vehicle Operator Elderly and Handicapped Persons, Middlesex County, Department of Human Services, removal effective August 28, 1997, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee and neglect of duty. The Merit System Board at its meeting of December 22, 1998, directed that this matter be held over for the receipt of a letter clarifying the terms of the settlement.
Recommendation of the Administrative Law Judge - Settlement.
ACTION: The Merit System Board acknowledged the settlement
A-20 DIANE MURPHY
Diane Murphy, Supervisor of Legal Secretarial Services, Department of Law and Public Safety, Division of Criminal Justice, removal effective February 25, 1997, on charges of conduct unbecoming a public employee. The Merit System Board at its meeting of December 22, 1998, directed that this matter be held over for receipt of additional cross exceptions from respondent and appointing authority.
Recommendation of the Administrative Law Judge - Modify the removal to a five day suspension and reinstatement to the position with back pay.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
A-21 LINDA SIBILIA
Linda Sibilia, Head Nurse, New Jersey Veterans Memorial Home, Department of Military and Veterans Affairs, removal effective June 10, 1996, on charges of mistreatment of a patient, client, resident or employee, and intentional abuse or misuse of authority or position. The Merit System at its meeting of October 27, 1998 directed that this matter be held over for more information concerning the hearing record and at its meeting of December 22, 1998, directed that the matter be held over for the full Board's consideration.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.
VOTE Janice Mitchell Mintz (Yes) Margaret E. L. Howard (Yes) Judith L. Shaw (Yes) Julius J. Mastro (No) Edward W. Verner, M.D. (Yes)
SECTION B - MISCELLANEOUS MATTERS
B-1 LA-KISHA D. CLEMENT
La-Kisha D. Clement appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-2 MASHEA DUNBAR
Mashea Dunbar appeals her rejection as a Police Officer candidate by the City of Camden and its request to remove her name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-3 DOMINGO GALLARDO
Domingo Gallardo appeals his rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-4 LUZ RAMOS
Luz Ramos appeals her rejection as a Correction Officer Recruit candidate by the Department of Corrections and its request to remove her name from the eligible list for Correction Officer Recruit on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-5 NEWMAN R. SMITH
Newman R. Smith, represented by Paul W. Bergrin, Esq., appeals his rejection as a County Correction Officer candidate by the County of Bergen and its request to remove his name from the eligible list for County Correction Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be granted.
B-6 NICHOLAS SORRENTINO
Nicholas Sorrentino appeals his rejection as a Police Officer by the City of Jersey City and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal be denied.
B-7 SUTTIDA OUNTA BROWN
Suttida Ounta Brown, a Principal Clerk Typist at the New Jersey State Prison, Department of Corrections, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-8 MYRNA RAMIREZ
Myrna Ramirez, a Human Services Technician with the New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans Affairs, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be denied.
B-9 ELIZABETH TOLBERT
Elizabeth Tolbert, a Day Care Center Technician with the Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal be granted.
B-10 EDMUND EZIAGHIGHALA
Edmund Eziaghighala appeals the request of the Division of Youth and Family Services appointing authority to remove his name from the Family Service Specialist Trainee (S6024O) eligible list based on a claimed inability to communicate effectively in English in order to perform the duties of the position.
ACTION: The Merit System Board granted a hearing.
B-11 GENE W. GARRON
The Department of Corrections (DOC) appeals the decision of Human Resource Information Systems which found that the DOC failed to present a sufficient basis to remove Gene W. Garron's name from the Correction Officer Recruit list (S9998U) due to a criminal record.
ACTION: The Merit System Board directed that this appeal be denied and the list for Correction Officer Recruit (S9998U) be revived only in order that the appointing authority has the opportunity to consider Mr. Garron for prospective employment opportunities.
B-12 VICTORIA HALL
Victoria Hall appeals the decision of the Certification Unit which found that the Department of Corrections had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9556J) priority hiring list.
ACTION: The Merit System Board directed that this appeal be granted.
B-13 NICKY HUFF
Nicky Huff appeals the decision of the Certification/Placement Services Unit which found that the Department of Corrections had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9678P) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-14 MELANIE KATONA
Melanie Katona appeals the removal of her name from the Laboratory Technician, Water Analysis (M0618U), Hamilton Township, eligible list.
ACTION: The Merit System Board directed that this appeal be granted.
B-15 WILLIAM F. LEE
William F. Lee appeals the decision of Human Resource Information Systems which found that the appointing authority had presented sufficient evidence to remove his name from the eligible list for Police Officer (M3394X), City of Newark.
ACTION: The Merit System Board directed that this appeal be denied.
B-16 CAROLYN ROBINSON
Carolyn Robinson appeals the decision of the Certification/Placement Services Unit which found that the Department of Corrections had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9673P) eligible list.
ACTION: The Merit System Board directed that this appeal be denied.
B-17 JACK S. FREEMAN, JR., AND THEAUDRIC HOLMES
Jack S. Freeman, Jr., a Police Officer, and Theaudric Holmes, a Police Sergeant with the City of Asbury Park Police Department, represented by Steven Pfeffer, Esq., and Edward C. Bertucio, Jr., Esq., respectively, request that disciplinary charges lodged against them be dismissed since a departmental hearing was not held within 30 days of the service of the preliminary notices of disciplinary action.
ACTION: The Merit System Board denied the request for interim relief.
B-18 MERCER COUNTY CORRECTION OFFICER LAYOFFS
The Policemen's Benevolent Association, Local 167, on behalf of all Mercer County Correction Officers laid off on September 11, 1998, represented by David B. Beckett, Esq., petitions the Merit System Board for interim relief.
ACTION: The Merit System Board denied the request for interim relief.
B-19 MICHAEL DONATI
The Department of Corrections, represented by Jennifer Meyer-Mahoney, Deputy Attorney General, petitions the Merit System Board for reconsideration of the final administrative decision, rendered on February 24, 1998, which modified the removal charge levied against Michael Donati to a six-month suspension.
ACTION: The Merit System Board denied the request for reconsideration.
B-20 EDNA INGRUM
Edna Ingrum, Senior Youth Worker, Division of Juvenile Services, Department of Human Services, requests reconsideration of the decision of the Merit System Board rendered on August 5, 1997, which removed the appellant effective May 24, 1996, on charges.
ACTION: The Merit System Board denied the request for reconsideration.
B-21 VENETTA COLE Venetta Cole, a Complaints Investigator with the Department of Health and Senior Services (DOH), appeals the determination of the Commissioner of DOH, stating that there was no evidence to substantiate that she had been discriminated against on the basis of her race or a disability or in reprisal for filing a discrimination complaint.
ACTION: The Merit System Board directed that this appeal be denied.
B-22 GLORIA WILLIAMS
Gloria Williams, a Principal Investigator with the Office of the Public Defender, represented by Evelyn Liebman, Staff Representative, CWA Local 1038, appeals the determination of the Public Defender stating that there was no probable cause that she had been discriminated against based on her race or sex.
ACTION: The Merit System Board directed that this appeal be denied.
B-23 FULVIO STANZIALE
Fulvio Stanziale, a Sanitary Inspector with the Monmouth County Board of Health, represented by Robert W. Smith, Esq., claims that the appointing authority imposed minor discipline based on reprisal.
ACTION: The Merit System Board granted a hearing.
B-24 RICHARD V. DECHIARO
Richard V. DeChiaro, a Probation Officer with the Morris County Vicinage, the Judiciary, represented by Stacey B. Rosenberg, Esq., appeals the denial of back pay, benefits and seniority by the appointing authority with regard to his indefinite suspension.
ACTION: The Merit System Board directed that this appeal be denied.
B-25 CUSTOMER SERVICE REPRESENTATIVE (PM1949V), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Customer Service Representative while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make an appointment from the certification list and pay compliance costs.
B-26 PUBLIC WORKS REPAIRER (PM2961S), BOROUGH OF ELMWOOD PARK
The Director, Division of Human Resource Management, requests reconsideration of the Salary Disapproval Order rendered on April 7, 1998, ordering the Borough of Elmwood Park to immediately dispose of the outstanding certification for Public Works Repairer (PM2961S), to immediately remove Robert Nelson and John Stankienicz from the subject title and to pay compliance processing costs of $250. In addition, the Director requests that the list for Public Works Repairer (M3944J) which expired on June 29, 1991, be revived and a certification issued so that the above-named individuals may be permanently appointed to the subject title.
ACTION: The Merit System Board granted the request to rescind the Salary Disapproval Order and revive the list for symbol (M3944J) so that Robert Nelson and John Stankienicz may be permanently appointed to the subject title.
B-27 SENIOR CLERK TYPIST (M5372S), CLIFTON PUBLIC LIBRARY
The appointing authority requests permission not to make an appointment from the certification for Senior Clerk Typist (M5372S), Clifton Public Library.
ACTION: The Merit System Board granted the request but assessed costs.
B-28 SOCIAL WORKER (C0436O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Social Worker while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make appointments from the certification list and pay compliance costs.
B-29 SUPERVISOR, COLLECTION REPRESENTATIVE (M0524O), CITY OF NEWARK
The appointing authority's failure to properly dispose of the certification for Supervisor, Collection Representative while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make appointments from the certification list and pay compliance costs.
B-30 TELEPHONE OPERATOR (C0165O & C0437O), PASSAIC COUNTY
The appointing authority's failure to properly dispose of the certification for Telephone Operator while provisional appointees are serving in the title has been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make appointments from the certification list and pay compliance costs.
B-31 WILLIAM AZZARRA, JR.
The appeal of William Azzarra, Jr., General Supervisor of Roads, Division of Public Works, Camden County, removal effective February 3, 1997, on charges, was heard by Administrative Law Judge Kathryn A. Clark, who rendered her initial decision on November 10, 1998, upholding the removal. The Merit System Board, at its meeting on December 22, 1998, modified the penalty to a six-month suspension.
ACTION: The Merit System Board adopted the final decision.
B-32 DONALD BENSON
The appeal of Donald Benson, a Senior Correction Officer at the Albert C. Wagner Youth Correctional Facility, Department of Corrections, regarding a 30-day suspension, on charges, was heard by Administrative Law Judge Anthony T. Bruno, who rendered his initial decision on November 16, 1998, upholding the 30-day suspension. The Merit System Board, at its meeting on December 22, 1998, modified the 30-day suspension to a 15-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-33 RUBIN REESE
The appeal of Rubin Reese, Building Maintenance Worker, Department of Public Buildings and Grounds, City of Vineland, removal effective September 10, 1997, on charges, was heard by Administrative Law Judge Anthony T. Bruno, who rendered his initial decision on November 10, 1998, upholding the charges, but modifying the penalty to a four-month suspension. The Merit System Board, at its meeting of December 22, 1998, modified the penalty to a 30-day suspension.
ACTION: The Merit System Board adopted the final decision.
B-34 DENISE R. AMOS
Denise R. Amos appeals the determination of the Division of Selection Services which found that she did not meet the experience or certification requirements for the open competitive examination for Emergency Medical Services Technician (S6573R), Northern State Prison.
ACTION: The Merit System Board directed that this appeal be denied.
B-35 ROBERT M. ANTHONY
Robert M. Anthony appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Executive Assistant (PC0572W), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-36 MICHELE E. BELL
Michele E. Bell appeals the determination of the Division of Selection Services, which found that she did not meet the education and experience requirements for the open competitive examination for Claims Adjudicator III, Disability Determinations (S0271O).
ACTION: The Merit System Board directed that this appeal be denied.
B-37 VINCENT BELLUCCI
Vincent Bellucci appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open-competitive examination for Municipal Recycling Coordinator, (M6239O), Borough of Fairview.
ACTION: The Merit System Board directed that this appeal be granted.
B-38 JOYCE CHAMBERS
Joyce Chambers appeals the decision of the Supervisor, Selection Appeals Unit who determined that appellant was properly found ineligible for the Executive Assistant 2, Corrections (PS9904I) promotional examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-39 ANNUNZIATA DEMPSEY
Annunziata Dempsey appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Personnel Assistant 3 (PS3402T), Department of Transportation.
ACTION: The Merit System Board directed that this appeal be denied.
B-40 DEBORAH A. FITZGERALD
Deborah A. Fitzgerald appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Senior Management Assistant (PS4723Q), Office of the Public Defender.
ACTION: The Merit System Board directed that this appeal be granted.
B-41 ROBIN A. GURDGIEL
Robin A. Gurdgiel appeals the decision of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Mason (PC9191U), Cape May County.
ACTION: The Merit System Board directed that this appeal be denied.
B-42 ROBERT J. HLINICKY
Robert J. Hlinicky appeals the determination of the Division of Selection Services which found that appellant did not meet the experience requirements for open-competitive examinations for Administrative Clerk (C1645U), Ocean County, Secretarial Assistant, Typing (S1772U), Administrative Clerk (S1761U), and Administrative Analyst 2, Data Processing (S1760U).
ACTION: The Merit System Board directed that these appeals be denied.
B-43 JOHN J. MCDONNELL
John J. McDonnell appeals the determination of the Supervisor, Selection Appeals Unit who upheld the determinations by the Division of Selection Services that appellant did not meet the experience requirements for Economic Development Representative 4 (S1700T) examination.
ACTION: The Merit System Board directed that this appeal be denied.
B-44 JOYCE MURPHY
Joyce Murphy appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Investigator County Welfare Agency (C1528T), Passaic County.
ACTION: The Merit System Board directed that this appeal be denied.
B-45 FREDDERICK PARKER
Fredderick Parker appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the open competitive examination for Supervising Equipment Operator/Supervising Mechanic (M6263O), Atlantic City.
ACTION: The Merit System Board directed that this appeal be denied.
B-46 GERARD R. PASTORE
Gerard R. Pastore appeals the determination of the Division of Human Resource Management which found that he was ineligible for the promotional examination for Sheriff's Officer Lieutenant (PC3794V), Essex County.
ACTION: The Merit System Board directed that this appeal be denied.
B-47 MARY LOUISE SAMSON
Mary Louise Samson appeals the decision of the Division of Selection Services which found that appellant did not meet the experience requirements for the promotional examination for Recreation Supervisor (PM0085W), North Brunswick Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-48 MARYROSE TALAMINI
Maryrose Talamini appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the open competitive examination for Housing Manager (M5040S), Orange Housing Authority.
ACTION: The Merit System Board directed that this appeal be denied.
B-49 GAIL KRONE
Gail Krone appeals the validity of the examination for Supervisor Building Service (C0620W), Hudson County.
ACTION: The Merit System Board directed that this appeal be denied.
B-50 BIANCA LOZADA
Bianca Lozada appeals the validity of the examination for Employment Services Trainee Bilingual Spanish/English (S0276O).
ACTION: The Merit System Board directed that this appeal be denied.
B-51 ABDUS MIAN
Abdus Mian appeals the validity of the examination for Auditor 3 (S0208O).
ACTION: The Merit System Board directed that this appeal be denied.
B-52 MITCHEL MILLER
Mitchel Miller appeals the decision of the Division of Selection Services concerning the correct answer to a specific question on the open-competitive examination for Public Health Investigator (M0432O), Kearny.
ACTION: The Merit System Board directed that this appeal be denied.
B-53 RICHARD WARREN
Richard Warren appeals the validity of the examination for Senior Accountant (M0388O), Bloomfield.
ACTION: The Merit System Board directed that this appeal be denied.
B-54 FRANK DEVITO
Frank DeVito appeals the administration of the promotional examination for Supervising Administrative Analyst (PS4207K), Division of Mental Health Services.
ACTION: The Merit System Board directed that this appeal be denied.
B-55 BRUCE WINTER
Bruce Winter appeals the administration of the promotional examination for Chief of Police (PM3311V), Middletown Township.
ACTION: The Merit System Board directed that this appeal be denied.
B-56 ALLAN SPATZIER
Allan Spatzier appeals the determination of the Division of Selection Services which found that appellant did not meet the residency requirements for the open-competitive examination for Senior Mechanic (M0284O), City of Orange.
ACTION: The Merit System Board directed that this appeal be denied.
B-57 ROBERT SWAIN, ET AL.
Robert Swain, et al., represented by Paul Pologruto, Local 1032, Communications Workers of America, request reconsideration of the decision regarding the validity of the examination process and scoring of the examination for Project Manager, Transportation (PS3550T).
ACTION: The Merit System Board denied the request.
B-58 ALBERTO ALVARADO
Glenn H. Christiansen, Manager of Shared Services 2, Department of Personnel, on behalf of Alberto Alvarado, requests relaxation of the provisions of N.J.A.C. 4A:6-1.22, Donated Leave Program, so as to permit him to exceed the 180 day limit for such leave.
ACTION: The Merit System Board granted the request.
B-59 N.J.A.C. 4A:5-1.1 and 1.2,VETERANS PREFERENCE
It is recommended that the proposed amendments to N.J.A.C. 4A:5-1.1 and 1.2, Veterans Preference, be adopted with technical change not requiring additional public notice and comment.
ACTION: The Merit System Board adopted the amendments with technical change not requiring additional public notice and comment.
B-60 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of December 22, 1998 are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its meeting of December 22, 1998.
B-61 EARLY SETTLEMENTS
Rafael Estrada Division of Youth and Familiy Services Department of Human Services Removal
ACTION: The Merit System Board acknowledged the settlement.
There being no further business before the Merit System Board, the meeting was adjourned to convene on Tuesday, January 26, 1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey. _______________________________ JANICE MITCHELL MINTZ CHAIRWOMAN MERIT SYSTEM BOARD
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